J
joelvoss
Guest
- Jurisdiction
- Texas
Hoping to get some advice on which way to go, and here's what happened to me. I reside in Tx, and recently bought a used 2016 Toyota Tundra from a Dealer in the State. Due to the distance being over 500 miles I agreed to purchase the vehicle site unseen based on the salespersons description. The salesperson provided pictures, and video which showed no body damage, dings, or hail damage. I spoke numerous times on the phone with the individual always expressing my concern, and then would follow up with emails. In the video the salesman can be heard saying the vehicle has no hail, or other damage what so ever. I even have 2 emails from him where he assured me the same thing in writing.
Fast forward to the delivery after signing the paperwork. Vehicle was delivered and we immediately noticed damage to the rear bumper. Called the salesperson and he said it must have happened when they were detailing it. We asked him why he delivered it and wanted to know why we weren't given a heads up. I went back to immediately review the pictures and video. In the pictures he left the tail gate open so as to hide the damage. In the video, the sneaky devil filmed it from an angle so the damage could not be seen, however towards the end he briefly in a matter of 2 seconds panned over the bumper. Using today's technology I was able to review frame by frame and see that he did know there was existing damage. Damage estimate is $789.00
But wait, there's more. What could be better than that you ask. Well, let me tell you... I also have $4,555 worth of hail damage to the vehicle. Yeah, I was pretty sick after hearing that. I'd just spent close to $50,000 and now find out that the vehicle has already been repaired on the right side, plus the hood had probably been replaced. The appraiser said that based on what he saw on the cab of the truck it had to have been softball sized hail, and there was no way the hood wasn't replaced if the cab had sustained that type of damage.
I signed a contract, and gave the dealer a check. At that point, is Condition Precedent established? Based on emails, and video testimony does the Dealer have an obligation to deliver a vehicle free of damage? With the condition that the vehicle was delivered to me is the Dealer therefore in a Breach of Contract? As I mentioned, the salesman was very clear and specific there was zero hail damage, or any other damage at all to the vehicle other than a few scuffs in the bed of the truck.
I think I have a Deceptive Trade case, but what I did do is issue a stop payment on the check to the Dealer, and called the lending institution requesting they not fund my loan. The lender said they would not fund the loan unless I gave them verbal authorization, and I know that by putting a stop pay on the ck they could technically come at me for a breach of contract. I'm in the process of sending out a 60 day demand letter which I will have out tomorrow, and the vehicle is not being driven. I've got it parked in my garage hoping they'll come pick it up.
Signed,
Stupid, and No Longer Riding in Style
Fast forward to the delivery after signing the paperwork. Vehicle was delivered and we immediately noticed damage to the rear bumper. Called the salesperson and he said it must have happened when they were detailing it. We asked him why he delivered it and wanted to know why we weren't given a heads up. I went back to immediately review the pictures and video. In the pictures he left the tail gate open so as to hide the damage. In the video, the sneaky devil filmed it from an angle so the damage could not be seen, however towards the end he briefly in a matter of 2 seconds panned over the bumper. Using today's technology I was able to review frame by frame and see that he did know there was existing damage. Damage estimate is $789.00
But wait, there's more. What could be better than that you ask. Well, let me tell you... I also have $4,555 worth of hail damage to the vehicle. Yeah, I was pretty sick after hearing that. I'd just spent close to $50,000 and now find out that the vehicle has already been repaired on the right side, plus the hood had probably been replaced. The appraiser said that based on what he saw on the cab of the truck it had to have been softball sized hail, and there was no way the hood wasn't replaced if the cab had sustained that type of damage.
I signed a contract, and gave the dealer a check. At that point, is Condition Precedent established? Based on emails, and video testimony does the Dealer have an obligation to deliver a vehicle free of damage? With the condition that the vehicle was delivered to me is the Dealer therefore in a Breach of Contract? As I mentioned, the salesman was very clear and specific there was zero hail damage, or any other damage at all to the vehicle other than a few scuffs in the bed of the truck.
I think I have a Deceptive Trade case, but what I did do is issue a stop payment on the check to the Dealer, and called the lending institution requesting they not fund my loan. The lender said they would not fund the loan unless I gave them verbal authorization, and I know that by putting a stop pay on the ck they could technically come at me for a breach of contract. I'm in the process of sending out a 60 day demand letter which I will have out tomorrow, and the vehicle is not being driven. I've got it parked in my garage hoping they'll come pick it up.
Signed,
Stupid, and No Longer Riding in Style
